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Stuart v Fleming. [1627] Mor 3174 (9 March 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor0803174-014.html Cite as:
[1627] Mor 3174
Judicial Deeds, after the Judges death or removal.
Stuart v. Fleming
Date: 9 March 1627 Case No. No 14.
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In an action betwixt Stuart and Fleming, the Lords found, That after the decease of the judge and clerk, the intrant and succeeding clerk might extract an act out of the books of that jurisdiction, which was registrate therein of before, and that there needed no transumpt or warrant to add force thereto, as in prothecals, where the clerk of burghs or notaries are dead. This was in the town books of Glasgow.
Act. Cunningham.Alt. Frazer.
Fol. Dic. v. 1. p. 210. Duire, p. 287.
